SEWER ONLY- RODNEY A. WARNER AND MARCIA A. WARNER
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OFF.REC.BK 8497 PG 767
AGREEMENT
(Sewer Only)
INST # 93-356910
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THIS AGREEMENT. made and entered into this _ day of ,19_ by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and
Rodney A. Warner and Marcia A. Warner, his wife
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the municipal
boundaries of the City of Clearwater:
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Lot 10, Block 6, Virginia Grove Terrace, Third Addition,
according to the map or plat thereof as recorded in Plat
Book 37, Page 74, Public Records of Pinellas County,
Florida
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WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing an
Agreement with the City for municipal sewer service; and
WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and considerations;
NOW THEREFORE. the parties hereto hereby covenant and agree as follows:
1 . The City agrees to provide sewer service, subject to the terms of this Agreement, and to permit the
Owner to connect to its sewer main at the Owner's expense,
2, The Owner agrees:
(a) to pay the appropriate annexation fee when this Agreement is submitted for processing;
(b) to pay normal sewer connection charges and monthly sewer service charges to the City on the
same basis as sewer users outside the municipal boundaries are charged, as set out in the Code of Ordinances
of the City, until the property is annexed;
(c) that all recreation land, recreation facilities and open space land dedication and fees will be due
upon annexation in an amount and manner as prescribed in Sections 116.40 through 116.51, Code of Ordinances,
In particular, the owner shall either:
(1) pay the required recreation facilities fee if this is the only fee require at the time this Agreement
is submitted for processing, or
(2) place in escrow a deed transferring title to land or a promissory note made payable to the City
of Clearwater, or both as required, such deed and promissory note, copies of which are attached
hereto as Exhibit A (if applicable) to be conveyed or paid prior to the second ordinance reading
effectuating the annexation of the subject property;
(d) that at such time as it becomes possible for the City to annex said real property, this Agreement
will constitute an application to annex at that time, and the City will have the right, upon sixty (60) days written
notice to the property owner, to initiate action to annex the property to the City;
KARLEEN F. DEBLAKER, .CLERK
_RE:fQ~D VERIFIED BY: fA'
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(e) that it is t~ tf mutual benefit of the Owner and the City,lin recognition of the eventual
incorporation of the property within the City, to have site and building plans reviewed and accepted by the City
in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans shall precede the
execution of this Agreement by the City and any construction on this property shall comply with the applicable
building and fire codes in effect in the City of Clearwater;
(f) that all of the property described above shall be deemed a single parcel subject to annexation as
provided herein, and any subparcels of the property described above which are created by subdivision or by any
other means shall be included for the purposes of the subsequent annexation procedure, subsequent sale and
individual ownership notwithstanding;
(g) that the terms and provisions of the Agreement shall be a commitment and obligation which shall
not only bind the present owner of said described real property, but shall be a covenant which shall run with the
land and shall bind and be enforceable against the heirs, successors and assigns of the Owner; and
(h) if the Owner or the heirs, successprs, and assigns of he Owner, shall default in the performance
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of the terms and provisions of this Agreement, and~ the City shall institute legal proceedings to enforce the terms
and provisions hereof, the Owner or the heirs, successors and assigns of the Owner shall pay all costs of such
proceedings including the payment of a reasonable attorney's fee in connection therewith.
3. The City shall not be liable foranv damage resulting from any unavoidable cessation of service
caused by Act of God, necessary maintenance work, or any cause beyond the control of the City.
4. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City
Manager, P,O. Box 4748, Clearwater, Florida, 34618-4648 and to the owner at the post office address for the
property described above, at any other address which may be furnished by the Owner from time to time, or at the
address for the Owner according to the property tax rolls of Pinellas County, Florida.
5, This Agreement shall be recorded in the public records of Pinellas County, Florida,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
first above written,
OWNER:
By:;:tza4e~
STATE OF FLORIDA )
COUNTY OF PINELLAS
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d who executed the foregoing instrument and severally ,
e for the purposes herein expressed; and that said instrument
BEFORE ME personally appeared
to me known to be the individual(s) described in
acknowledged before me that they executed ,the sa
is the free act and deed of said individual(s),
!h day of NbV ,1lJjd.
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:~~;I'\\. ., ~ NOTARY PUBLIC, STATE OF FLORIDA.
My C~l!!r11lSS10n EXPlres:~MM1"l:TnN 1<'YPTT>VS' ~prll i, 1m,
-{il . ~ TWW NOTARY PUBLIC UNDERWRITERS.
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By:
Michael Wright
CityM~naget" c' c . , ,
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CITY OF CLEARWATER, FLOIi\IDA
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PINELLAS COUNTY FLA.
OFF.REC.BK 8497 PG 769
STATE OF FLORIDA )
COUNTY OF ,PINELLAS
BEFORE ME personally appeared MichaelJ. Wright, the City Manager of the above-named City, who
acknowledged that he executed the foregoing instrument. He is personally known to me and did not take an oath,
WITNESS my hand and official seal this ~ day of ~ Q3.
&m;wQ, )J LJLJML)
Notary Public ~
Not.,y Name IP,;ntltype0>>--iJ', -S6 ? - f) lls() J
My Commission Expires: t~ /1 f. 'C}
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fli~I"III' DENISE A. WILSON
I., ,*\ MY COMMISSION /I CC 201408 EXPIRES
'. : 1 June 18. 1998
...iff" ',.. 80NIlED lHIllJ TROY FAIN IH8UAANCl, INIl.
Approved as to form and correctness:
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M. A, Galbraith, Jr., ity Attorney
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EXHIBIT A
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$ 200.00
Clearwater, Florida
Date:
November 16, 1993
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 10, Block 6, Virginia Grove Terrace, Third Addition
according to the map or plat thereof as recorded in Plat
Book 37, Page 74, Public Records of Pinellas County,
Florida
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 200.00 in the manner herein specified, the amount being
payable in lawful money of the United States of America, to the City of
Clearwater~ Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida 34618)or at such other place as may hereafter be
designated.
One payment of $ 200.00 shall be due at the time the
property is legally able to annex, more specifically to be paid prior
to the second ordinance reading effectuating the annexation of the
subject property. The monies herein noted are in satisfaction of the
requirements stipulated in Ordinance Nos. 3128-83 and 3129-83, which
seek to ensure maintenance of an acceptable level of park lands, open
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
By signing this promissory note, I, as present owner of said
real property, knowingly waive any right to contest the amount due and
further admit full liability for the said obligation which shall not
only bind the present owner of said described real property, but shall
be a covenant which shall run with the land and shall bind and be
enforceable against all subsequent owners of said described real
property whether or not it is mentioned in the deed to said owners, as
stated in the Agreement of which this is a part.
If default be made in the payment of any of the sums
mentioned herein, or in the performance of any of the agreements
contained herein, then the entire principal sum shall become due and
collectible without notice, and shall bear interest from the date of
such default until paid at the highest rate of interest allowable
under the laws of the State of Florida. Failure to exercise this
option shall not constitute a waiver of the right to exercise the same
in the event of any subsequent default.
Each person herein hereby waives presentment, protest,
notice of protest, and notice of dishonor and agrees to pay all costs,
including a reasonable attorney's fee, whether suit be brought or not,
if after maturity this notice or default hereunder, counsel shall be
employed to collect this note.
OWNER:
By
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Marcia A. warner
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111()j(~1 101, W^R"^~T\' on:o,~sl.110rl' Form~) This i~strumrnt was prelred hy Jay Kedersha
I-- executive line 80174213 of American Title In!lurance Company, 51 Main A.e. S.
~ ne:Hwlltrr, FlorIda 33515. Incident to the Issuance
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en. .."". ".,anlo," Ind ulr~nl.e" h.f.i.. .h.1I bf' cOII.hu.d
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10 inc:Jude all gtndu. and .inau1ar or ,lur.1 t. Ih.. <un'tICI ;nd;o:,U....I
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Made this
31st
day of
OCtober
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19 80 ,
MIIDRED R. ROBERTS, surviving spouse of EARLE O. ROBERI'S, deceased
of the County of
Pinellas
, State of
Florida
, grantor, and
RODNEY A. WARNER and MARCIA A. WARNER, his wife
whose post-office address {s 1736 Lucas Drive, Clearwater, ~ 33515 ~
of the Count!l of Pmellas ,State of Florlda
, grantee,
JIIIttn'1l1lrt~: That said grantor, for and in consideration of the sum of Ten & 00/100 Dollars, and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, ha,~ granted, bargained and sold to the said grantee, and grantee's heirs, SUCCessors and assigns forever,
the follflwing described land, situate, lying and being in Pinellas County, Florida, to-wit:
rm 10, BLCX:1< 6, VIffiINIA GROVE TERRAc;E, THIRD ADDITION,
according to the map or plat thereof as recorded in Plat
Book 37, Page 74, Public Records of Pinellas County,
Florida.
Subject to easerrents and restrictions of record
Subject to taxes for the year 1981 and subsequent years
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and said grantor dc'es hereby fully warrant the title to said land, and will defend the same against the lawful claims of
all persons whomsoever.
~" JlUnl'BS .~l'rl'(tf. Grantor has hereunto set grantor's hand and seal the day and yea;' first above written,
Signed, sealed and delivered in our presence: ~
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STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day before, , er duly qual(fied to take acknowledgments, personally appeared
' X:.\) ERS;f~~'
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ribel1' in and 10 e;~c.t t
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'J{li Coun!y;;;upta~~
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Pinellas
to me knuwn to be the person(s) de
the execu tion of same,
WITNESS my hand and official seal
afore!a/11 this 31st day of October , 1980.
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(, (" (" .c/ ^-'- ,:(~ ..(_<'---::1\ SIall! of HQtida ti\ L to'
) " l'I",~tl (;. ' Oct :11
N,Ptary Public ~.~. Commission Eltplres .
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M!I commISSIon expires: ' ~ , ~
the foregoing instrument and acknowledged before me
MIDSTAH lEGAl SUPPl v CO..INC~ ~. ORI.ANDO, FlORIDA
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EXHIBIT A
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Clearwater, Florida 00
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This Promissory Note to be made an addendum to the Agreement to~~
Annex for the following described parcel: ~
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PROMISSORY.NO'l'E
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$ 200.00
Date:
November 16, 1993
Lot 10, Block 6, Virginia Grove Terrace, Third Addition
according to the map or plat thereof as recorded in Plat
Book 37, Page 74, Public Records of Pinellas County,
Florida
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 200.00 in the manner herein specified, the amount being
payable in lawful money of the United states of America, to the City of
Clearwater~ Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida 346l8)or at such other place as may hereafter be
designated.
One payment of $ 200.00 shall be due at the time the
property is legally able to annex, more specifically to be paid prior
to the second ordinance reading effectuating the annexation of the
subject property. The monies herein noted are in satisfaction of the
requirements stipulated in Ordinance Nos. 3128-83 and 3129-83, which
seek to ensure maintenance of an acceptable level of park lands, open
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
By signing this promissory note, I, as present owner of said
real property, knowingly waive any right to contest the amount due and
further admit full liability for the said obligation which shall not
only bind the present owner of said described real property, but shall
be a covenant which shall run with the land and shall bind and be
enforceable against all subsequent owners of said described real
property whether or not it is mentioned in the deed to said owners, as
stated in the Agreement of which this is a part.
If default be made in the payment of any of the sums
mentioned herein, or in the performance of any of the agreements
contained herein, then the entire principal sum shall become due and
collectible without notice, and shall bear interest from the date of
such default until paid at the highest rate of interest allowable
under the laws of the State of Florida. Failure to exercise this
option shall not constitute a waiver of the right to exercise the same
in the event of any subsequent default.
Each person herein hereby waives presentment, protest,
notice of protest, and notice of dishonor and agrees to pay all costs,
including a reasonable attorney's fee, whether suit be brought or not,
if after maturity this notice or default hereunder, counsel shall be
employed to collect this note.
OWNER:
By
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RO~ . War~r
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Marcia A. warner
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AGREEMENT TO ANNEX
ATA 93-11-348 PROPERTY DESCRIPTION
OWNER RODNEY A. WARNER and LOT 10, BLOCK 6, VIRGINIA GROVE
APPLICANT MARCIA A. WARNER TERRACE, THIRD ADDITION
ADDRESS J736 LUCAS DRIVE Parcel No. OS/29/16/94374/006/0100
Section 05 Township 29 Range 16 Atlas Page 264-A